MOHAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The learned counsel for the petitioner has not challenged the conviction of the petitioner but has simply made a prayer that the petitioner may be visited with leniency in the matter of sentence and he may be extended the benefit of probation under the Probation of Offenders Act as the occurrence has taken place as back as on 10.3.1986. The learned counsel appearing on behalf of the State has no serious objection if the relief sought is granted to the petitioner. The object of the law is not only to punish an offender but also to reclaim him. Therefore, I am of the opinion that it is a fit case where the benefit of probation can be granted to the petitioner as he is the first offender and there is no history of conviction to his credit. The interest of the State has been safeguarded when the petitioner will be directed to pay a sum of Rs. 5,000/- as costs of litigation.

(2.) In these circumstances, by modifying the sentence of the petitioner he is ordered to be released on probation on his furnishing personal bond and surety bond in the sum of Rs. 5,000/- to the satisfaction of Chief Judicial Magistrate concerned within two months from today undertaking that during the period of one year he shall *not commit any offence and shall maintain peace and be of good behaviour. He shall also pay a sum of Rs. 5,000/- as costs of litigation. In case the petitioner violates the terms of the bonds, he shall appear before the Chief Judicial Magistrate to receive the sentence. If the petitioner does not comply with this order, his revision shall be deemed to have been dismissed.

(3.) With this modification in the matter of sentence, the revision stands disposed of.